Kiler v. HP Inc.
| Marion Kiler |
| HP Inc. |
| 3:2019cv06987 |
| October 24, 2019 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Sallie Kim |
| American with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2019. A more recent docket listing may be available from PACER.
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Filing 39
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 12/12/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 12/12/2019)
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Filing 38
REPORT AND RECOMMENDATION AND ORDER OF REASSIGNMENT re #1 Complaint, #36 Notice, and #37 Declaration. Objections due by 12/26/2019. Signed by Magistrate Judge Sallie Kim on 12/11/2019. (mklS, COURT STAFF) (Filed on 12/11/2019)
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| Filing 37 Declaration of Michael F. Fleming in Support of #36 Notice - Declaration of Michael F. Fleming filed by HP Inc.. (Attachments: #1 Exhibit A - Notice of Voluntary Dismissal, #2 Exhibit B - Emails with Plaintiff's Counsel)(Related document(s) #36 ) (Schuster, Stephanie) (Filed on 12/9/2019) |
| Filing 36 Notice of Receipt of Notice of Voluntary Dismissal filed by HP Inc.. (Schuster, Stephanie) (Filed on 12/9/2019) |
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Filing 35
ORDER by Judge Sallie Kim granting #33 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 11/14/2019)
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Filing 34
ORDER by Judge Sallie Kim granting #32 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 11/14/2019)
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| Filing 33 MOTION for Leave to Appear in Pro Hac Vice - Application for Admission of Attorney Pro Hac Vice (Michael F. Fleming), (Filing Fee: $310.00, receipt number 0971-13880016) (Filing Fee Previously paid on 11/12/2019) filed by HP Inc.. (Attachments: #(1) Certificate of Good Standing)(Gao, Kathy) (Filed on 11/13/2019) |
| Filing 32 MOTION for Leave to Appear in Pro Hac Vice - Application for Admission of Attorney Pro Hac Vice (Stephanie Schuster) (Filing Fee: $310.00, receipt number 0971-13879805) (Filing Fee Previously paid on 11/12/2019) filed by HP Inc.. (Attachments: #1 Certificate of Good Standing)(Gao, Kathy) (Filed on 11/13/2019) |
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Filing 31
ORDER by Judge Sallie Kim denying #26 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 11/13/2019)
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Filing 30
ORDER by Judge Sallie Kim denying #25 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 11/13/2019)
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Filing 29
ORDER by Judge Sallie Kim granting #28 Motion for Extension of Time to File Response/Reply. (sklc1S, COURT STAFF) (Filed on 11/13/2019)
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| Filing 28 UNOPPOSED MOTION and [Proposed] Order for Extension of Time to File Respond to #1 Complaint filed by HP Inc.. (Gao, Kathy) (Filed on 11/12/2019) |
| Filing 27 NOTICE by HP Inc. Notice of Withdrawal of Motion to Dismiss for Lack of Personal Jurisdiction (ECF No. 15) (Gao, Kathy) (Filed on 11/12/2019) |
| Filing 26 MOTION for Leave to Appear in Pro Hac Vice - Application for Admission of Attorney Pro Hac Vice (Michael F. Fleming), (Filing Fee: $310.00, receipt number 0971-13880016) (Filing Fee Previously Paid on 11/12/2019) filed by HP Inc.. (Gao, Kathy) (Filed on 11/12/2019) |
| Filing 25 MOTION for Leave to Appear in Pro Hac Vice - Application for Admission of Attorney Pro Hac Vice (Stephanie Schuster), (Filing Fee: $310.00, receipt number 0971-13879805) filed by HP Inc.. (Gao, Kathy) (Filed on 11/12/2019) |
| Filing 24 NOTICE of Appearance by Kathy Hua Gao (Gao, Kathy) (Filed on 11/12/2019) |
| Filing 23 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (tnS, COURT STAFF) (Filed on 10/25/2019) |
| Filing 22 CASE TRANSFERRED in from United States District Court for the Eastern District of New York (Brooklyn); Case Number 1:19-cv-00917-DLI-SMG. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of Northern District of California as per the Electronic Order dtd. 10/10/19. A certified copy of transfer order, and docket sheet sent to the USDC-California-Northern. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Layne, Monique) |
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ORDER: In light of Order dated October 10, 2019, transferring case to the Northern District of California, the initial conference previously scheduled for October 23, 2019 is canceled. Ordered by Magistrate Judge Steven M. Gold on 10/22/2019. (Gillespie, Saudia)
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ORDER granting in part and denying in part #15 Defendant's Motion to Dismiss for Lack of Jurisdiction; granting #21 Plaintiff's Motion to Change Venue -- AND TRANSFERRING TO THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA --- Plaintiff, a Brooklyn resident, brought this action pursuant to 42 U.S.C. 12102, the Americans with Disabilities Act, alleging that defendant, a corporation with its principal place of business in California, maintains and/or operates a website that purportedly denies blind and visually impaired persons access to goods and services. On August 5, 2019, defendant moved to dismiss the case for lack of jurisdiction, or, alternatively, to transfer this case to the U.S. District Court for the Northern District of California ("NDCA"). DE #15 . On September 3, 2019, plaintiff filed a letter motion consenting to the transfer. DE #21 . As defendant and most of the witnesses reside in Palo Alto, California, and much of the alleged conduct took place there, this action could have been brought in the first instance in the NDCA. See, 28 U.S.C. 1391(a)(1). Notably, the parties have consented to transfer the case to the NDCA. As such, the Court finds that is in the interest of justice to transfer this action to the NDCA. See, 28 U.S.C. 1404(a) ("For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.") Accordingly, the Clerk of the Court is directed to TRANSFER this case to the U.S. District Court for the Northern District of California and to close this case. The Court defers to the transferee court a ruling on defendant's motion for dismissal for lack of jurisdiction. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/10/2019. (Irizarry, Dora)
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| Filing 21 Letter MOTION to Change Venue by Marion Kiler. (Lee, C.K.) |
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ORDER granting #19 Motion for Extension of Time to File; granting #20 Motion for Extension of Time to File -- As an initial matter, Court notes that the parties' request is improperly filed as a motion. The Court's Individual Rules specifically provide that requests for deadline extensions are to be made by letter not motion. Nonetheless, the request is granted and Plaintiff shall file her response on or before September 2, 2019, and Defendant shall file its reply on or before September 20, 2019. The parties are further directed to forward a courtesy copy of the fully briefed motion to chambers immediately thereafter. So Ordered by Chief Judge Dora Lizette Irizarry on 8/13/2019. (Carosella, Christy)
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| Filing 20 Amended MOTION for Extension of Time to File Plaintiff's Opposition and Defendant's Reply by Marion Kiler. (Lee, C.K.) |
| Filing 19 Letter MOTION for Extension of Time to File an Opposition to the Motion to Dismiss by Marion Kiler. (Lee, C.K.) |
| Filing 18 AFFIDAVIT/DECLARATION in Support re #15 MOTION to Dismiss for Lack of Jurisdiction Or, Alternatively, To Transfer Declaration of Michael F. Fleming filed by HP Inc.. (Attachments: #1 Exhibit A - Terms of Use) (Fleming, Michael) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #15 MOTION to Dismiss for Lack of Jurisdiction Or, Alternatively, To Transfer Declaration of Angela Gustafson filed by HP Inc.. (Fleming, Michael) |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss for Lack of Jurisdiction Or, Alternatively, To Transfer filed by HP Inc.. (Fleming, Michael) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction Or, Alternatively, To Transfer by HP Inc.. (Fleming, Michael) |
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ORDER: Granting #14 Motion to Adjourn Conference. The initial conference previously scheduled for July 29, 2019 is adjourned to October 23, 2019 at 10:00 a.m. in Courtroom 13D South before the undersigned. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 7/24/2019. (Gillespie, Saudia)
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| Filing 14 Letter MOTION to Adjourn Conference by HP Inc.. (Fleming, Michael) |
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ORDER re #13 Letter filed by HP Inc. -- The proposed briefing schedule is approved and adopted. So Ordered by Chief Judge Dora Lizette Irizarry on 7/18/2019. (Carosella, Christy)
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| Filing 13 Letter regarding Court's Order of July 10, 2019 by HP Inc. (Fleming, Michael) |
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ORDER denying #12 Motion for Pre Motion Conference -- No promotion conference is necessary. The parties shall submit a proposed briefing schedule for the Court's consideration on or before July 17, 2019. So Ordered by Chief Judge Dora Lizette Irizarry on 7/10/2019. (Carosella, Christy)
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| Filing 12 Letter MOTION for pre motion conference by HP Inc.. (Fleming, Michael) |
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ORDER: Granting #11 Motion for Extension of Time to File. Granting #11 Motion to Adjourn Conference. Defendant HP Inc., shall answer, move or otherwise respond to the complaint by July 8, 2019. The initial conference previously scheduled for June 19, 2019 is adjourned to July 29, 2019 at 11:00 a.m. in Courtroom 13D South before the undersigned. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 6/4/2019. (Gillespie, Saudia)
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| Filing 11 Letter MOTION for Extension of Time to File response to the Complaint, Letter MOTION to Adjourn Conference by HP Inc.. (Fleming, Michael) |
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Filing 10
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 a.m. on June 19, 2019 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/30/2019. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint to June 6, 2019 by HP Inc.. (Fleming, Michael) |
| Filing 8 NOTICE of Appearance by Michael Friel Fleming on behalf of HP Inc. (aty to be noticed) (Fleming, Michael) |
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ORDER: Granting #9 Motion for Extension of Time to Answer. Defendant HP Inc. shall answer, move or otherwise respond to the complaint by June 6, 2019. Ordered by Magistrate Judge Steven M. Gold on 4/30/2019. (Gillespie, Saudia)
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| Filing 7 NOTICE of Appearance by Anne Seelig on behalf of Marion Kiler (aty to be noticed) (Seelig, Anne) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to HP Inc.. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint by Marion Kiler (Lee, C.K.) |
| Filing 2 Proposed Summons. Re #1 Complaint by Marion Kiler (Lee, C.K.) |
| Filing 1 CLASS ACTION COMPLAINT; Demand for Trial by Jury against HP Inc., (Filing Fee: $400.00, receipt number ANYEDC-11203968) filed by Marion Kiler. (Lee, C.K.) |
| Case assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Defendant: HP Inc. | |
| Represented By: | Michael Friel Fleming |
| Represented By: | Stephanie Beth Schuster |
| Represented By: | Kathy Hua Gao |
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| Plaintiff: Marion Kiler | |
| Represented By: | Anne Seelig |
| Represented By: | C.K. Lee |
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